Help Please

wirlwind · #1 02-13-2004, 06:34 PM

Yesterday We got a letter from the Alabama& State Dept. of Revenue..& It was a notice of Preliminary assessment and adjustments.& This wasn't a form letter.&

It was addressee as so;

XXXX X XXXXX

ANYWHERE RD.

ALBERTVILLE, AL. 11111

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Tax Type:& Individual Income Tax Return

Social Security#: 111-11-1111

Years 12-31-2000

Please find the en closed the Notice of Preliminary Assessment and adjustments proposed by our field audit staff to the tax returns referenced above.& If you agree with the proposed changes,& please remit $ 5064.64 to the Alabama Department of revenue at the following& address along with a copy of the preliminary assessment notice by March 15, 2004.& any payments mad will be applied to your balance due.

& Individual and Corporate Tax Division

& Individual Income& Tax Hearing Section

& P.O. Box 327450

& Montgomery, Al.& 36132-7450

& Telephone (334) 242-1605

If you do not agree with the proplosed changes, you must act in accordance with the enclosed appeal procedures.& A final assessment will be entered if you fail to repsond within the specified time.

If you have any questions you may contact me at the t4lephone number provided above.

Sincerely etc.etc.

I do not know how to respond to this.& We haven't filed out UCC1 yet and were getting ready to do that and also to pull our land patent forward.& I just feel like I am beginning to halfway understand it, but there is still so much I don't know.& So many of the things that are iscussed like CPN's and affadavits- where do you find something that will help you with the forms and help you& learn how to use them.& Where can I find samples of these things.& Is there a place where I can purchase something that will have samples of these things and tell you how to use them.& I'm not asking for legal advice.& I want to do this myself so I can learn, because I know that the battle is just beginning.& I'm not afraid of the fight if I have some tools to help me. Right now, I have some very outdated stuff from BBCOA purchased several years ago, CTC3, and a lot of& information.& A lot of the original information that I heard when I first became caught up in thsi movement is proving to be ineffective-like the ratification of the 16th amendment, and the value of filing the UCC1.& I have been reading here about the success that some are having with affadavits, and CPN's and things.& I wouldn't know where to begin to even start with one of these.& I have discharged about 7 or 8& CC debts fairly successfully- but I had some forms to follow.& I even had to court over one, and it was discharged because the attorney for Sears didn't show. But I feel totally indequate to deal with this.

Any information would be& very appreciated.& It would not be considered legal advice.

Thanks,

Wirlwind

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wirlwind · #2 02-13-2004, 06:43 PM

I forgot to add that in all the rest of the papers that came with this letter had my husband's name in upper and lower case letters rather than all upper case.& The only time his name was in all upper case was on the cover letter that I printed in the above post.& i don't know if that means anything or not.&

Thanks, Wirlwind

Jerseee · #3 02-13-2004, 10:21 PM

Whirlwind,

Seems like you are in a quandry. I would first start to look at the code that they are operating under. Usually, you can counter these moves with the same code that they rely on to do this. In addition, you may want to ask them to verify the debt and cite the state code or statute that supports such an order. Also, jursidiction is a grave an crucial question that most people do not ask.

I must be open about my position on taxes to remain in honor. Taxes are necessary and I am for taxation. I am not a tax protester. However, I am not for IRS taxation. They are not mentioned in the constitution. Just as there are 2 governments operating on this land--there are two types of taxes as well. Congress lays and collects taxes. But how can they collect what is not in circulation? So since there is no lawful money--this is where I derive my thoughts on most if not all issues concerning commerce. I hope my suggestions lead you to the approprate book(s) and jogs your mind as well.

Ice · #4 02-13-2004, 11:14 PM

wirlwind,

Jerseee is right... check the codes and check their "authority" for "assessing" any tax... see the code and hold them to their strictest proof of claim.

Jerseee,

There is a lawful tax.& The only tax that is currently in place that&I know of that is lawful is "excise" tax.& We don't need any other tax... excise tax is more than enough to meet the governments needs (notice: "needs" - not "wants").

The tax issue is one that is difficult to discuss with some folks.& Some believe that it is necessary to take care of the roads, etc.& And you could demonstrate that excise tax is more than enough to tend to all those needs -- including defense -- and it will not make a dent in their logic which is warped by FEAR of what the gov. may do to them if they don't contribute their fair share.

"Fear not what man can do to your body, but rather, Fear Him that can destroy your soul."& And, do not the FIRSTFRUITS of our LABOR belong to HIM?

Just thinking out loud...

&

Jerseee · #5 02-14-2004, 01:24 AM

Exactly Ice,

Folks, think about what has just been posted. For those with tax issues--really look at what just transpired in the exchange that Ice and myself just had.

If the words that were just stated do not get all to look into defending their commercial person as well as their wealth (no mater how affluent or meager)--a sense of outrage should overcome those who are not affected by whirlwind's situation. Because no one knows who may be next.

Ice, nice logo!

James · #6 02-14-2004, 03:28 PM

Wirlwind,<?xml:namespace prefix = o ns = "urn:schemas-microsoft-com:office:office" /><o

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Was the information you received from the "Alabama State Dept. of Revenue" sent certified or registered?
If not, how do they (“Alabama&State Dept. of Revenue”) know you even received it?<o

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Are you a citizen of the United States? (If you have paid into social security and used the postal service, among other things, you are.)<o

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Have you done anything about your citizenship-status?
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Jerseee wrote: >>there are two types of taxes as well. Congress lays and collects taxes.<<<o

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Correct and they are direct (rule of apportionment) and indirect (rule of uniformity). Furthermore, as you well know there is a difference between collecting and confiscating a tax. The term collect is passive, not active. It is contra-distinctive to confiscate. For instance, a rain-barrel collects rain, a mailbox, collects mail. The rain-barrel does not confiscate rain, nor a mailbox or postal-employee the mail.
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Ice wrote: >>There is a lawful tax.& The only tax that is currently in place that&I know of that is lawful is "excise" tax.& We don't need any other tax... excise tax is more than enough to meet the governments needs (notice: "needs" - not "wants").<<
Well-said Ice. It is not optional but mandatory that we know and comply with the Law and require the government to do the same.</o

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wirlwind · #7 02-14-2004, 04:24 PM

Thanks to all of you.

Jerzee- They sent the code that they were using-

Law: Alabama Code section 40-18-14 (1) states:&"The term 'gross income' as used herein:

(1) Includes gains, profits and income derived from salaries, wages or compensation for personal services of whatever kind, or in whjatever form pai, including the salaries, incomes, fees and other compensation of state, county and municipal officers and employees, or from professions, vocations, trades, bgusiness, commerce or sales or dealings in property whether real or personal, growuing out of opwnership or use of or interest in such propety;& also from interest, royalties, rents, dividends, securities or transactions of any business carried on for gain or profit and the income derived from any source whatever, including any income not exemopted under this chapter and against which income there is no provision for a tax.& thwe term gross income for federal income tax purposes under 26U.S.C. 71 (relating to alimony and& separate maintenance payments). The term gross income as used herein also includes any amount included in gross income under 26 U.S.C. 83 at the time it is so included under 26 U.S.C. 83.

I went to Alabama Code and I didn't see any thing that I thought would be helpful.& I'm going to do some more research on it though-with a legal dictionary by my side.

James

The letter came by&regular mail.& they really don't know that I received it.& Can we just ignore it?& But eventually we will have to deal with it in some way.

Yes I am a citizen of the United States.& My husband and I are getting ready to start the redemption process.&

If after we have filed out UCC1's can we discharge the debt with a chargeback to our strawman account?& I read on one website where someone did that, and he seemed to think it was fairly successful.&What is a CPN?& I keep hearing people talking about using them.& I would look it up, but i don't even know what the initials stand for.&

Thanks again.& All information is appreciated, and not taken as legal advice.

Wirlwind

wirlwind · #8 02-14-2004, 08:40 PM

I was re-reading my last post.& I re-read the alabama code and the only type workers that were mentioned in that code were state, county, and municipal officers and employees.& It goes on to talk about a lot of other types of incomes, but it doesn't ever mention non-government employees.& However,&it does specificly state the government employees.& It is like it is disassociating the income from the real employee-unless they are governemnt.& Maybe that is far-reaching- but it only mentions the types of incomes and not associated with the worker-except for the government workers.

Any thoughts?

Thanks,

Wirlwind

Jerseee · #9 02-14-2004, 09:02 PM

Whirlwind,

Your answer lies in USC 26 and maybe even USC 42. Remember, I said that there are 2 governments working here? Well you can't be a citizen of both and citizenship is voluntary. No one can force you to be a US citizen. If that was the case, folks from mexico would automatically be US citizens and start paying taxes by force.

Think about this...The more US citizens they have the more they make on taxes right? So why don't they just give all that apply for US citizineship with what they want? It could be that thay want it to appear that US citizenship is something to be valued, so they have people begging for it--just as they have people begging for FRNs.

The key word in that letter is 'income'. Do you know that they do not define the word income? Your answer lies within one or both of those codes I mentioned.

Ice · #10 02-14-2004, 09:22 PM

I was thinking that "assessment" is more key in regards to the letter received.& They need to explain their authority, their right, to assess a tax in the first place... where is their jurisdiction to do such a thing??& If they have no right to assess a tax... then how can you be charged a tax?& Or are we going to allow them to have jurisdiction to assess the tax and then deal with it from there?... Be careful... once you give up jurisdiction they gotcha.

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